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How to Make a Successful Cerebral Palsy Claim

A diagnosis of cerebral paralysis has profound consequences for the child and their family. Compensation can allow them to live an active and healthy life by providing access to care equipment and support.

Many cases of cerebral palsy stem from medical negligence. It could be due to the lack of care during pregnancy, or problems during delivery or other incidents.

Causes

Early diagnosis and treatment for CP can improve a child’s abilities. Doctors diagnose CP based on a child's movement, muscle coordination and tone. They might refer the child to specialists like pediatric orthopedists, neurologists and physiatrists to assist in managing symptoms and improving the quality of life for cerebral palsy children.

Every person suffers from cerebral palsy differently. It can be mild and have a minimal impact on a child's ability, or it can be severe and cause impairments across all body parts. The symptoms could include a floppy head (floppy neck) and a stiff or uncontrolled muscle as well as difficulty walking or having issues with speech or other functions. If a child has cerebral palsy on one side of the body, this is known as hemiplegia. When it happens on both sides, it's called diplegia. A severe CP can cause a locked-in (spastic) condition that is characterized by muscle spasticity that limits a person's movements and leads to difficulties with speech and eating.

Childbirth-related medical errors are an often-repeated cause of CP. Midwives, doctors and nurses must be careful when delivering babies because brain damage can have serious consequences. If a medical mistake results in oxygen deprivation, or other brain injury that causes cerebral palsy, the doctor may be held liable for malpractice. This is the case when scheduling or performing a C section urgently or failing to monitor and escalate the intensity of the labor.

Symptoms

If your child suffers from cerebral palsy, he / she will likely have several physical symptoms. These symptoms could include stiff or tight muscles or joints, a limp, uncontrolled movement, and issues with balance and posture. Other issues include speech delays, intellectual disabilities and hearing and vision issues.

The symptoms of cerebral palsy result from damage to the brain of an infant. This is usually the case in the infant or early years of childhood. A delay in reaching milestones such as sitting up, crawling, or walking is a common symptom of CP. Children with CP may also have difficulties swallowing, and may need a feeding device.

A variety of factors can trigger the development of a brain injury that triggers CP or CP-related conditions, including infections such as rubella, cytomegalovirus or toxoplasmosis in the womb and high blood pressure in pregnancy and genetic predisposition. Asphyxia (a severe lack of oxygen) during labor or delivery is a leading cause of CP.

Depending on the form of cerebral palsy, the symptoms may range from mild to severe. Spastic cerebral palsy (characterized by stiff muscles) is the most commonly encountered form. Dyskinetic cerebral palsy (also known as athetoid or choreoathetoid) involves uncontrolled and slow writhing movements of the arms, legs and body. Other forms of CP may include ataxic cerebral palsy that has shakey movements, or paraplegic cerebral palsy lawyer palsy, in which the legs and arms are affected.

Treatment

While the specific symptoms of cerebral palsy vary, most sufferers of the condition have to deal with stiffness and loss of muscle control. They may also have problems with balance and coordination. The type of movement problem that they experience is based on which brain area was injured and the extent of the injury.

Many people suffering from CP require special physical therapy that can improve their mobility, tone of muscles and stretch their muscles and joints. It can also relieve the pain and help prevent contractures. It may include exercises, special braces, or other treatments.

Musculoskeletal disorders like patella alta, hip dysplasia, scoliosis, and cervical stenosis are common in CP. These conditions can cause significant mobility issues that reduce the lifespan.

Other treatments may include speech and language therapies for children who are unable to communicate effectively. This can help children learn new ways of communicating. These may include signing language, a communication board, or voice synthesizers.

They can ease stiff or overactive muscles and reduce abnormal movement. They also relieve pain, and control seizures. These drugs can be taken orally, or directly injected into the affected muscles, or the fluid surrounding your spinal cord.

Compensation

A successful cerebral palsy claim can result in compensation for your child to pay for medical equipment, specialist care and treatment. The amount of compensation will be based on the mental and physical effects of your child's condition as well as any expenses or losses that you might have incurred. This could include losing earnings as you had to stop work to take care of your child, home modifications and transportation costs to transport your child to and from appointments.

Your lawyer could hire an specialist in disability care according to the extent of the injury to your child. This specialist will draft an "life care plan" which outlines the needs of your child from the moment they are diagnosed until they turn adults. This will allow you to calculate an exact compensation amount. It usually takes the form of a lump sum as well as regular annual payments which may be indexed to keep pace with the rate of inflation.

You should be aware that the compensation resulting from a successful legal claim isn't a windfall. It is a recognition of injustice that occurred because medical professionals did not perform their duty of care in labour, pregnancy and the delivery.